Brady Gallagher, 13, and his brother Nicky, 12, of Menlo Park say they have gathered in the past week some 400 signatures on a petition to save a Menlo Park landmark, Foster’s Freeze.

A favorite ice cream and hamburger stop at 850 Oak Grove Ave. for generations of local families, Foster’s Freeze is due to be demolished as part of a plan to build 135 condominiums and 22,500-square-feet of commercial space on Oak Grove near El Camino Real.

Nearly every day last week, for a couple of hours a day, the boys and their mother, Laurie Gallagher, have stood out in front of Foster’s Freeze, gathering signatures.

“Nearly everyone signs it,” said Ms. Gallagher. “There is a real uproar.”

She and the kids say they’ll present the petition to the Menlo Park City Council on August 29, when a public hearing for the development plan, known as the Derry project, is on the agenda.

“It’s amazing how many residents didn’t know it would be leaving,” said Ms. Gallagher.

Brady and Nicky and their friends “ride their bikes and come here — all the kids come here,” said Ms. Gallagher, who added that the shop dates back to the 1940s.

“I talked to this older man who said he took his wife here on their first date,” she said.

The shop opened in 1949, according to records checked by Frank Helfrich of the Menlo Park Historical Association.

Brady, who noted that a neighbor inspired him to start the petition drive, said he likes Foster’s Freeze because the food is “good and affordable.”

The Derry project involves building 10 two- and three-story structures on a 3.5-acres site owned by the Derry family between El Camino Real and the Caltrain station.

The site borders Oak Grove Ave and Derry Lane and is home to several businesses, including Foster’s Freeze and the Wo Sing Laundry and Dry Cleaners.

The San Mateo-based O’Brien Group is partnering with the Derry family in the project.

Jim Pollart, vice president of land acquisition and planning for the O’Brien Group, said “it’s certainly a possibility” that existing tenants could fill the new commercial space, but detailed negotiations with any of the tenants have yet to take place.

If approved by the council, constructions could start in early 2007 and be finished by late 2008, Mr. Pollart said.

INFORMATION

The Menlo Park City Council is scheduled to hold a public hearing on the Derry proposal at its August 29 meeting. The meeting is scheduled to start at 7 p.m. in the council chambers at the Civic Center, between Laurel and Alma streets.

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